#27501
Jimmy-T
Keymaster

    If you are seeking a fine following failure to respect a Notice To Comply, mediation is not required.

    The Notice To Comply must be on the prescribed form. Also, unless it was issued by the strata manager, copies of the agenda and minutes of the meeting at which issuing the Notice To Comply must be presented.

    However, if you are seeking orders, the NCAT application form is crystal clear (my emphasis in bold):

    Evidence of attempted mediation must be provided for certain strata applications … You must apply for mediation with NSW Fair Trading before lodging an application with NCAT. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.